Sreekumar V. vs The District Collector
2021 Latest Caselaw 11021 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.3147 OF 2021(P)


PETITIONERS:

      1        SREEKUMAR V.,AGED 53 YEARS
               S/O KUTTIKRISHNAN NAIR, CHAITHRAM, VADAKKE
               PANANGATTUPURAMBA, NEAR GREE PARK COLONY, BEYPORE
               P.O., KOZHIKODE 673 015.

      2        MOINUDHEEN HANEEFA,AGED 58 YEARS
               S/O.MUHAMMED KOYA, THENGILAKATHU HOUSE, NEAR R.M.
               HOSPITAL, BEYPORE P.O., KOZHIKODE 673 015.

               BY ADVS.
               SRI.THOMAS T.VARGHESE
               SRI.THOMAS T.VARGHESE
               SMT.ACHU SUBHA ABRAHAM
               SMT.V.T.LITHA
               SMT.K.R.MONISHA
               SMT.SHRUTHI SARA JACOB

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               COLLECTORATE, KOZHIKODE 673 020

      2        THE ADDITIONAL DISTRICT MAGISTRATE
               COLLECTORATE, CIVIL STATION, KOZHIKODE 673 020

      3        THE KERALA STATE POLLUTION CONTROL BOARD.
               REP.BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM
               695 004.

      4        THE ENVIRONMENTAL ENGINEER
               KERALA STATE POLLUTION CONTROL BOARD, KOZHIKODE
               DISTRICT OFFICE, 3RD FLOOR, ZAMORINS SQUARE, LINK
               ROAD, KOZHIKODE 673 002.

      5        THE CENTRAL POLLUTION CONTROL BOARD
               REP.BY ITS SECRETARY/DIRECTOR, PARIVESH BHAWAN, EAST
               ARJUN NAGAR, ARJUN GALI, VISHWAS NAGAR, SHAHDARA,
               DELHI 110 032

      6        M/S.NAYARA ENERGY LIMITED, REP.BY ITS REGIONAL
               MANAGER, 6B, 6TH FLOOR, NOEL FOCUS, SEAPORT AIRPORT
 WP(C).No.3147 OF 2021(P)

                               2

             ROAD, CHITTETHUKARA, CSEZ P.O., KOCHI 682 037

      7      WATER( POLLUCTION AND CONTROL OF POLLUTION),
             APPELLATE AUTHORITY, REPRESENTED BY ITS SECRETARY,
             R2 SECTION, FOURTH FLOOR, KSRTC BUS TERMINAL,
             THAMPANOOR, THIRUVANANTHAPURAM 695 001,


             R1 TO R5 BY GP SRI.PAUL ABRAHAM VAKKANAL
             R6 BY ADV. SMT.C.B.SUMA DEVI
             R6 BY ADV. SMT.SUNANDA SUKUMARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3147 OF 2021(P)

                                    3




                         Sathish Ninan, J.
                  ==============================
                      W.P.(C) No.3147 of 2021
                    ==========================
               Dated this the 7th day of April, 2021

                               JUDGMENT

Challenging the rejection of the petitioners'

application for integrated consent for establishing a

petroleum retail outlet, the petitioners have

preferred an appeal before the additional 7 th

respondent-appellate authority and the same is

pending. The petitioner only seeks for an expeditious

consideration of the appeal.

Without expressing anything on merits, I dispose

of this writ petition directing the additional 7 th

respondent to consider the Appeal No.7 of 2021 and

pass appropriate orders thereon after hearing the

petitioners, as expeditiously as possible and at any

rate within a period of two months from the date of

receipt of a copy of this judgment.

Sd/- Sathish Ninan, Judge

vdv WP(C).No.3147 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF LETTER OF INTENT DATED 19.8.2020 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE (NOC) DATED 1.10.2020 ISSUED REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICES, KOZHIKODE.

EXHIBIT P3 TRUE COPY OF THE LETTER NO.A5/NOC/3025A/2020 DATED 14.10.2020 ISSUED BY EXECUTIVE ENGINEER KERALA PUBLIC WORKS DEPARTMENT.

EXHIBIT P4 TRUE COPY OF REPORT NO.A-15643/2020 SUBMITTED BY THE TAHSILDAR, KOZHIKODE TO THE 2ND RESPONDENT DATED 28.9.2020

EXHIBIT P5 TRUE COPY OF PRIOR APPROVAL NO.A/P/SC/KL/114/4188 DATED 6.10.2020 GRANTED BY PESO TO THE 6TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF NO OBJECTION CERTIFICATE BEARING FILE NO.DC KKD/3946/2020-D4 DATED 12.1.2021 ISSUED BY THE 2ND DEFENDANT.

EXHIBIT P7 TRUE COPY OF ORDER NO.PCB/KKD/DO/GEN-

ONLINE/2019 DATED 28.9.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE CIRCULAR DATED 24.2.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF GUIDELINES FOR SETTING UP NEW PETROL PUMPS ISSUED BY THE 5TH RESPONDENT DATED 7.1.2020

EXHIBIT P10 TRUE COPY OF ORDER DATED 18.1.2019 IN O.A.NO.86/2019 PASSED BY THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI.